US government files statement of Interest in Arbutus v Moderna case, testing scope of 28 USC 1498(a) government use of patents for acquisition and distribution of COVID 19 vaccines

On February 14, 2023, USDOJ filed a Statement of Interest of the United States, in the patent dispute between Arbutus Biopharma, Genevant Sciences, and Moderna. A copy of the filing is here: arbutus.moderna.USG.statementofinterest This is an important, and while not… Continue Reading

NIH responds to Sachs/Love letter on the Xtandi Bayh-Dole safeguards petition, to say, still reviewing

NIH has sent a letter, dated Dec 1, to Robert Sachs and Clare Love, regarding the longstanding petition to HHS to use the federal government’s rights in the patented inventions for enzalutamide, marketed by Astellas in the USA at prices 3 to… Continue Reading

Letter from 19 groups asking HHS to take action on the ​request that HHS use the federal government rights in patents on the prostate drug enzalutamide, marketed by Astellas under the brand name Xtandi.

Attached is a letter from 19 groups asking HHS Secretary Xavier Becerra to take action on the ​request that HHS use the federal government rights in patents on the prostate drug enzalutamide, marketed by Astellas under the brand name Xtandi.… Continue Reading

Letter to Secretary of HHS Xavier Becerra regarding Xtandi march-in case from Robert Sachs and Clare Love

SecBecerra-18Nov2022-Sachs-Love-Xtandi November 18, 2022 Xavier Becerra Secretary Department of Health & Human Services Washington, DC Via Email: xavier.becerra@hhs.gov Dear Secretary Becerra: Today marks the one-year anniversary since the undersigned prostate cancer patients petitioned the Department of Health & Human Services… Continue Reading

KEI review of 62 COVID 19 contracts reveals 59 authorizations for non-voluntary use of third party patents under 28 USC 1498

Since the COVID 19 Pandemic began, there has been a spirited debate over patent rights, including a highly publicized 20 month debate over a proposed WTO waiver on intellectual property rights. During that time a handful of countries have taken… Continue Reading

KEI letter to Roche requesting voluntary license to patents on risdiplam, a treatment for Spinal Muscular Atrophy (SMA)

This is a letter to Roche requesting a voluntary license to the patents on risdiplam, a treatment for Spinal Muscular Atrophy (SMA). KEI-Risdiplan-patent-license-request-8july2022 This was the August 5, 2022 response from Roche. Roche-Response-to-Risdiplam-license-request–5Aug2022 KEI wrote to Roche again on February… Continue Reading